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University of Georgia School of Law

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Articles 1 - 30 of 97

Full-Text Articles in Health Law and Policy

Off With Their Heads! How China's Controversial Human Head-Transplant Procedure Exceeds The Parameters Of International Ethical Standards In Human Experimentation, Deena Agamy Jul 2019

Off With Their Heads! How China's Controversial Human Head-Transplant Procedure Exceeds The Parameters Of International Ethical Standards In Human Experimentation, Deena Agamy

Georgia Journal of International & Comparative Law

No abstract provided.


Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le Jul 2019

Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le

Georgia Journal of International & Comparative Law

No abstract provided.


Financial Impact Of The Opioid Crisis On Local Government: Quantifying Costs For Litigation And Policymaking, Elizabeth Weeks Jan 2019

Financial Impact Of The Opioid Crisis On Local Government: Quantifying Costs For Litigation And Policymaking, Elizabeth Weeks

Scholarly Works

The opioids epidemic has had a significant impact on individuals and communities, including local governments responsible for serving and protecting those affected individuals. This is the first study of its kind to consider whether those local government costs are quantifiable, a question that has salience both for pending opioid litigation in federal and state courts and for local planning and budgeting decisions. This article first provides a detailed description of the opioid litigation landscape, including the federal multidistrict litigation (MDL) in Ohio, the Native American tribes’ actions, and various procedural and other hurdles that local government plaintiffs face in seeking ...


Regulatory Response To E-Cigarettes, Morgan Johnson May 2018

Regulatory Response To E-Cigarettes, Morgan Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Increasing Vaccination Rates Without Eliminating Nonmedical Exemptions, Hillel Y. Levin, Timothy D. Lytton Jan 2018

Increasing Vaccination Rates Without Eliminating Nonmedical Exemptions, Hillel Y. Levin, Timothy D. Lytton

Popular Media

This essay on shifting states' incentives to reduce nonmedical exemptions while respecting the choice not to vaccinate, is based on a forthcoming article, A Model Law for Nonmedical Immunization Exemptions Using the Least Restrictive Means, coauthored by Daniel A. Salmon, Stacie Kershner, Timothy D. Lytton, Hillel Y. Levin, Claire Hannan, and Saad B. Omer.


How Dreamland Colored My Summer Vacation And Thinking About The Opioid Epidemic, Elizabeth Leonard Jan 2018

How Dreamland Colored My Summer Vacation And Thinking About The Opioid Epidemic, Elizabeth Leonard

Scholarly Works

Book Review of Dreamland: The True Tale of America’s Opiate Epidemic by Sam Quinones,(2018).


Medicalization Of Rural Poverty: Challenges For Access, Elizabeth Weeks Jan 2018

Medicalization Of Rural Poverty: Challenges For Access, Elizabeth Weeks

Scholarly Works

This article was prepared for a live conference, on “The Medicalization of Poverty,” held at the University of Illinois College of Law, and a symposium to be published in the Journal of Law, Medicine & Ethics. My piece focuses on a constellation of challenges for health care delivery and access to care in rural areas. Discussions regarding health and poverty often seem to focus on the admittedly persistent and multilayered problems of the urban poor: unemployment, substandard and unaffordable housing, violent crime, nutrition and “food desserts,” recreation and safe outdoor spaces, and under-resourced public schools, to name a few. While cities ...


"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda Jun 2017

"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda

Georgia Journal of International & Comparative Law

No abstract provided.


Implementing The International Health Regulations (2005) With Search Engine-Based Syndromic Surveillance, Ryan Sullivan Jun 2017

Implementing The International Health Regulations (2005) With Search Engine-Based Syndromic Surveillance, Ryan Sullivan

Georgia Journal of International & Comparative Law

No abstract provided.


Adjudicating Religious Sincerity, Nathan Chapman Jan 2017

Adjudicating Religious Sincerity, Nathan Chapman

Scholarly Works

Recent disputes about the “contraception mandate” under the Affordable Care Act and about the provision of goods and services for same-sex weddings have drawn attention to the law of religious accommodations. So far, however, one of the requirements of a religious accommodation claim has escaped sustained scholarly attention: a claimant must be sincere. Historically, scholars have contested this requirement on the ground that adjudicating religious sincerity requires government officials to delve too deeply into religious questions, something the Establishment Clause forbids. Until recently, however, the doctrine was fairly clear: though the government may not evaluate the objective accuracy or plausibility ...


Teaching The Law Of American Health Care, Elizabeth Weeks, Nicole Huberfeld, Kevin Outterson Jan 2017

Teaching The Law Of American Health Care, Elizabeth Weeks, Nicole Huberfeld, Kevin Outterson

Scholarly Works

In writing our casebook, The Law of American Health Care, we started from scratch, rethinking the topics to include and themes around which to organize them. Like many health law professors, we were schooled in and continued to propound the traditional themes of cost, quality, access, and choice. While those concerns certainly pervade many areas of health care law, our casebook's overarching themes emphasize different issues, namely: federalism, individual rights, fiduciary relationships, the modem administrative state, and market regulation. These new themes, we believe, better capture the range of issues and topics essential for the new generation of health ...


Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey Sep 2016

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.


Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman Jul 2016

Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman

Georgia Journal of International & Comparative Law

No abstract provided.


Posthumous Organ Donation As Prisoner Agency And Rehabilitation, Amanda Seals Bersinger, Lisa Milot Jul 2016

Posthumous Organ Donation As Prisoner Agency And Rehabilitation, Amanda Seals Bersinger, Lisa Milot

Scholarly Works

Unlike U.S. citizens generally, who are encouraged to become organ donors through drivers' license designations, advance directives, and state registries, in most instances inmates are barred from donating their organs until release.

To date, the scholarship in favor of allowing inmates to donate their organs has largely focused on the benefit these donations could offer patients languishing on organ transplant lists, while objections center on the vulnerability of the imprisoned potential donors and their inability to make decisions freely. A donor-focused case for donation, however, is missing in this debate. This Article fills that gap by setting out the ...


Impeding Access To Quality Patient Care And Patient Rights: How Myriad Genetics' Gene Patents Are Unknowingly Killing Cancer Patients And How To Calm The Ripple Effect, Marisa Noelle Pins Jun 2016

Impeding Access To Quality Patient Care And Patient Rights: How Myriad Genetics' Gene Patents Are Unknowingly Killing Cancer Patients And How To Calm The Ripple Effect, Marisa Noelle Pins

Journal of Intellectual Property Law

No abstract provided.


Corporate Power Unbound: Investorstate Arbitration Of Ip Monopolies On Medicines—Eli Lilly V. Canada And The Trans-Pacific Partnership Agreement, Brook K. Baker, Katrina Geddes Apr 2016

Corporate Power Unbound: Investorstate Arbitration Of Ip Monopolies On Medicines—Eli Lilly V. Canada And The Trans-Pacific Partnership Agreement, Brook K. Baker, Katrina Geddes

Journal of Intellectual Property Law

No abstract provided.


What Is (And Isn't) Healthism, Jessica L. Roberts, Elizabeth Weeks Leonard Apr 2016

What Is (And Isn't) Healthism, Jessica L. Roberts, Elizabeth Weeks Leonard

Scholarly Works

What does it mean to discriminate on the basis of health status? Health is, of course, relevant in a number of ways. It can speak to the length of our lives, our ability to perform mentally and physically, our need for health care, and our risk of injury and incapacity. But the mere relevance of a particular attribute does mean that considering it should be legally permissible. Moreover, the potential harms that may result from health-status discrimination raise important moral questions. This Essay explores when differentiating on the basis of health is socially acceptable and, by contrast, when it is ...


The Health Impact Fund Proposal: Application In The United States' Era Of Comparative Effectiveness, Katherine Jeanne Racz Mar 2016

The Health Impact Fund Proposal: Application In The United States' Era Of Comparative Effectiveness, Katherine Jeanne Racz

Journal of Intellectual Property Law

No abstract provided.


To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?, Hillel Y. Levin, Allan J. Jacobs, Kavita Arora Jan 2016

To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?, Hillel Y. Levin, Allan J. Jacobs, Kavita Arora

Scholarly Works

When should we accommodate religious practices? When should we demand that religious groups instead conform to social and legal norms? Who should make these decisions, and how? These questions lie at the very heart of our contemporary debates in the field of Law and Religion.

Particularly thorny issues arise where religious practices may impose health-related harm to children within a religious group or to third parties. Unfortunately, legislators, scholars, courts, ethicists, and medical practitioners have not offered a consistent way to analyze such cases and the law is inconsistent. This Article suggests that the lack of consistency is a troubling ...


Best Practices For A State Alzheimer's Disease Registry: Lessons From Georgia, Elizabeth Weeks Leonard, Rui Bu, Amanda Alexandra Brown Jan 2016

Best Practices For A State Alzheimer's Disease Registry: Lessons From Georgia, Elizabeth Weeks Leonard, Rui Bu, Amanda Alexandra Brown

Scholarly Works

In May 2014, the Georgia General Assembly enacted legislation establishing the Alzheimer’s Disease Registry (“Registry”) in order to generate new data for research and policy planning. The Task Force bill followed similar federal legislation. This state action has not only drawn tremendous attention to the continued prevalence of Alzheimer’s disease among the population of Georgia but also raised a series of questions regarding the practicability, legality, and effectiveness of the Registry. The lessons learned in Georgia, as Registry implementation moves forward, will provide guidance for other states interested in collecting similar data. In Part I of this article ...


The 'Uberization' Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan Jan 2016

The 'Uberization' Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan

Scholarly Works

The nascent field of mobile health technology is still very small but is predicted to grow exponentially as major technology companies such as Apple, Google, Samsung, and even Facebook have announced mobile health initiatives alongside influential healthcare provider networks. Given the highly regulated nature of healthcare, significant legal barriers stand in the way of mobile health’s potential ascension. I contend that the most difficult legal challenges facing this industry will be restrictive professional licensing and scope of practice laws. The primary reason is that mobile health threatens to disrupt historical power dynamics within the healthcare profession that have legally ...


Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi Nov 2015

Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi

Journal of Intellectual Property Law

No abstract provided.


Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers Nov 2015

Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers

Journal of Intellectual Property Law

No abstract provided.


Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law Nov 2015

Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.


Cms’ Proposed Changes To The Two-Midnight Rule: Partial Restoration Of Medical Judgment, Elizabeth Weeks Leonard Sep 2015

Cms’ Proposed Changes To The Two-Midnight Rule: Partial Restoration Of Medical Judgment, Elizabeth Weeks Leonard

Popular Media

On July 1, 2015, the Centers for Medicare and Medicaid Services (CMS) announced proposed changes to the controversial Two-Midnight Rule. This payment rule clarifies the circumstances under which Medicare will consider a given hospital stay to be an inpatient service (and therefore reimbursable at a higher rate under Medicare Part A), versus an outpatient service (and therefore reimbursable at a lower rate under Part B). From the Health Affairs Blog, September 1, 2015.


Private Investment And Public Health, David Gartner Aug 2015

Private Investment And Public Health, David Gartner

Georgia Journal of International & Comparative Law

Related to Georgia Journal of International and Comparative Law Conference: The New Roles of Corporations in Global Governance


Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law Aug 2015

Symposium: Legal Issues And Urbanization In Developing Countries-Foreward, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


On Health Status, Choice, And Immunity, Elizabeth Weeks Leonard Jul 2015

On Health Status, Choice, And Immunity, Elizabeth Weeks Leonard

Popular Media

This article by Professor Elizabeth Weeks Leonard in JOTWELL on July 22, 2015, discusses discrimination on health status.


Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel Nov 2014

Child Obesity As A Child Protection Concern In The United States And The United Kingdom: A Proposed Framework, Victoria Elissa Garel

Georgia Journal of International & Comparative Law

No abstract provided.


The Hybrid Horseman Of The Apocalypse: The Global Aids Pandemic & The North-South Fracas, J.M. Spectar Oct 2014

The Hybrid Horseman Of The Apocalypse: The Global Aids Pandemic & The North-South Fracas, J.M. Spectar

Georgia Journal of International & Comparative Law

No abstract provided.